[as corrected by the procés-verbaux
of 10 November 1998 and 12 July 1999]

PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE
LAW

Article 5

Crimes within the jurisdiction of the Court

1. The
jurisdiction of the Court shall be limited to the most serious crimes of
concern to the international community as a whole. The Court has jurisdiction
in accordance with this Statute with respect to the following crimes:

(a) The crime of genocide;

(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.

2. The Court
shall exercise jurisdiction over the crime of aggression once a provision
is adopted in accordance with articles 121 and 123 defining the crime and
setting out the conditions under which the Court shall exercise jurisdiction
with respect to this crime. Such a provision shall be consistent with the
relevant provisions of the Charter of the United Nations.

Article 6

Genocide

For the purpose of this Statute, "genocide" means any of the following
acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or
mental harm to members of the group;

(c) Deliberately inflicting on
the group conditions of life calculated to bring about its physical destruction
in whole or in part;

(d) Imposing measures intended
to prevent births within the group;

(e) Forcibly transferring children
of the group to another group.

Article 7

Crimes against humanity

1. For
the purpose of this Statute, "crime against humanity" means any of the
following acts when committed as part of a widespread or systematic attack
directed against any civilian population, with knowledge of the attack:

(a) Murder;

(b) Extermination;

(c) Enslavement;

(d) Deportation or forcible transfer
of population;

(e) Imprisonment or other severe
deprivation of physical liberty in violation of fundamental rules of international
law;

(f) Torture;

(g) Rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity;

(h) Persecution against any identifiable
group or collectivity on political, racial, national, ethnic, cultural,
religious, gender as defined in paragraph 3, or other grounds that are
universally recognized as impermissible under international law, in connection
with any act referred to in this paragraph or any crime within the jurisdiction
of the Court;

(i) Enforced disappearance of
persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar
character intentionally causing great suffering, or serious injury to body
or to mental or physical health.

2. For the
purpose of paragraph 1:

(a) "Attack directed against
any civilian population" means a course of conduct involving the multiple
commission of acts referred to in paragraph 1 against any civilian population,
pursuant to or in furtherance of a State or organizational policy to commit
such attack;

(b) "Extermination" includes the
intentional infliction of conditions of life, inter alia the deprivation
of access to food and medicine, calculated to bring about the destruction
of part of a population;

(c) "Enslavement" means the exercise
of any or all of the powers attaching to the right of ownership over a
person and includes the exercise of such power in the course of trafficking
in persons, in particular women and children;

(d) "Deportation or forcible transfer
of population" means forced displacement of the persons concerned by expulsion
or other coercive acts from the area in which they are lawfully present,
without grounds permitted under international law;

(e) "Torture" means the intentional
infliction of severe pain or suffering, whether physical or mental, upon
a person in the custody or under the control of the accused; except that
torture shall not include pain or suffering arising only from, inherent
in or incidental to, lawful sanctions;

(f) "Forced pregnancy" means the
unlawful confinement of a woman forcibly made pregnant, with the intent
of affecting the ethnic composition of any population or carrying out other
grave violations of international law. This definition shall not in any
way be interpreted as affecting national laws relating to pregnancy;

(g) "Persecution" means the intentional
and severe deprivation of fundamental rights contrary to international
law by reason of the identity of the group or collectivity;

(h) "The crime of apartheid" means
inhumane acts of a character similar to those referred to in paragraph
1, committed in the context of an institutionalized regime of systematic
oppression and domination by one racial group over any other racial group
or groups and committed with the intention of maintaining that regime;

(i) "Enforced disappearance of
persons" means the arrest, detention or abduction of persons by, or with
the authorization, support or acquiescence of, a State or a political organization,
followed by a refusal to acknowledge that deprivation of freedom or to
give information on the fate or whereabouts of those persons, with the
intention of removing them from the protection of the law for a prolonged
period of time.

3. For the
purpose of this Statute, it is understood that the term "gender" refers
to the two sexes, male and female, within the context of society. The term
"gender" does not indicate any meaning different from the above.

Article 8

War crimes

1. The
Court shall have jurisdiction in respect of war crimes in particular when
committed as part of a plan or policy or as part of a large-scale commission
of such crimes.

2. For
the purpose of this Statute, "war crimes" means:

(a) Grave breaches of the Geneva
Conventions of 12 August 1949, namely, any of the following acts against
persons or property protected under the provisions of the relevant Geneva
Convention:

(i) Wilful killing;

(ii) Torture or inhuman treatment,
including biological experiments;

(iii) Wilfully causing great suffering,
or serious injury to body or health;

(iv) Extensive destruction and
appropriation of property, not justified by military necessity and carried
out unlawfully and wantonly;

(v) Compelling a prisoner of war
or other protected person to serve in the forces of a hostile Power;

(vi) Wilfully depriving a prisoner
of war or other protected person of the rights of fair and regular trial;

(vii) Unlawful deportation or
transfer or unlawful confinement;

(viii) Taking of hostages.

(b) Other serious violations of the
laws and customs applicable in international armed conflict, within the
established framework of international law, namely, any of the following
acts:

(i) Intentionally directing attacks
against the civilian population as such or against individual civilians
not taking direct part in hostilities;

(ii) Intentionally directing attacks
against civilian objects, that is, objects which are not military objectives;

(iii) Intentionally directing
attacks against personnel, installations, material, units or vehicles involved
in a humanitarian assistance or peacekeeping mission in accordance with
the Charter of the United Nations, as long as they are entitled to the
protection given to civilians or civilian objects under the international
law of armed conflict;

(iv) Intentionally launching an
attack in the knowledge that such attack will cause incidental loss of
life or injury to civilians or damage to civilian objects or widespread,
long-term and severe damage to the natural environment which would be clearly
excessive in relation to the concrete and direct overall military advantage
anticipated;

(v) Attacking or bombarding, by
whatever means, towns, villages, dwellings or buildings which are undefended
and which are not military objectives;

(vi) Killing or wounding a combatant
who, having laid down his arms or having no longer means of defence, has
surrendered at discretion;

(vii) Making improper use of a
flag of truce, of the flag or of the military insignia and uniform of the
enemy or of the United Nations, as well as of the distinctive emblems of
the Geneva Conventions, resulting in death or serious personal injury;

(viii) The transfer, directly
or indirectly, by the Occupying Power of parts of its own civilian population
into the territory it occupies, or the deportation or transfer of all or
parts of the population of the occupied territory within or outside this
territory;

(ix) Intentionally directing attacks
against buildings dedicated to religion, education, art, science or charitable
purposes, historic monuments, hospitals and places where the sick and wounded
are collected, provided they are not military objectives;

(x) Subjecting persons who are
in the power of an adverse party to physical mutilation or to medical or
scientific experiments of any kind which are neither justified by the medical,
dental or hospital treatment of the person concerned nor carried out in
his or her interest, and which cause death to or seriously endanger the
health of such person or persons;

(xi) Killing or wounding treacherously
individuals belonging to the hostile nation or army;

(xii) Declaring that no quarter
will be given;

(xiii) Destroying or seizing the
enemy's property unless such destruction or seizure be imperatively demanded
by the necessities of war;

(xiv) Declaring abolished, suspended
or inadmissible in a court of law the rights and actions of the nationals
of the hostile party;

(xv) Compelling the nationals
of the hostile party to take part in the operations of war directed against
their own country, even if they were in the belligerent's service before
the commencement of the war;

(xvi) Pillaging a town or place,
even when taken by assault;

(xvii) Employing poison or poisoned
weapons;

(xviii) Employing asphyxiating,
poisonous or other gases, and all analogous liquids, materials or devices;

(xix) Employing bullets which
expand or flatten easily in the human body, such as bullets with a hard
envelope which does not entirely cover the core or is pierced with incisions;

(xx) Employing weapons, projectiles
and material and methods of warfare which are of a nature to cause superfluous
injury or unnecessary suffering or which are inherently indiscriminate
in violation of the international law of armed conflict, provided that
such weapons, projectiles and material and methods of warfare are the subject
of a comprehensive prohibition and are included in an annex to this Statute,
by an amendment in accordance with the relevant provisions set forth in
articles 121 and 123;

(xxii) Committing rape, sexual
slavery, enforced prostitution, forced pregnancy, as defined in article
7, paragraph 2 (f), enforced sterilization, or any other form of sexual
violence also constituting a grave breach of the Geneva Conventions;

(xxiii) Utilizing the presence
of a civilian or other protected person to render certain points, areas
or military forces immune from military operations;

(xxiv) Intentionally directing
attacks against buildings, material, medical units and transport, and personnel
using the distinctive emblems of the Geneva Conventions in conformity with
international law;

(xxv) Intentionally using starvation
of civilians as a method of warfare by depriving them of objects indispensable
to their survival, including wilfully impeding relief supplies as provided
for under the Geneva Conventions;

(xxvi) Conscripting or enlisting
children under the age of fifteen years into the national armed forces
or using them to participate actively in hostilities.

(c) In the case of an armed conflict
not of an international character, serious violations of article 3 common
to the four Geneva Conventions of 12 August 1949, namely, any of the following
acts committed against persons taking no active part in the hostilities,
including members of armed forces who have laid down their arms and those
placed hors de combat by sickness, wounds, detention or any other
cause:

(i) Violence to life and person,
in particular murder of all kinds, mutilation, cruel treatment and torture;

(iv) The passing of sentences
and the carrying out of executions without previous judgement pronounced
by a regularly constituted court, affording all judicial guarantees which
are generally recognized as indispensable.

(d) Paragraph 2 (c) applies to armed
conflicts not of an international character and thus does not apply to
situations of internal disturbances and tensions, such as riots, isolated
and sporadic acts of violence or other acts of a similar nature.

(e) Other serious violations of
the laws and customs applicable in armed conflicts not of an international
character, within the established framework of international law, namely,
any of the following acts:

(i) Intentionally directing attacks
against the civilian population as such or against individual civilians
not taking direct part in hostilities;

(ii) Intentionally directing attacks
against buildings, material, medical units and transport, and personnel
using the distinctive emblems of the Geneva Conventions in conformity with
international law;

(iii) Intentionally directing
attacks against personnel, installations, material, units or vehicles involved
in a humanitarian assistance or peacekeeping mission in accordance with
the Charter of the United Nations, as long as they are entitled to the
protection given to civilians or civilian objects under the international
law of armed conflict;

(iv) Intentionally directing attacks
against buildings dedicated to religion, education, art, science or charitable
purposes, historic monuments, hospitals and places where the sick and wounded
are collected, provided they are not military objectives;

(v) Pillaging a town or place,
even when taken by assault;

(vi) Committing rape, sexual slavery,
enforced prostitution, forced pregnancy, as defined in article 7, paragraph
2 (f), enforced sterilization, and any other form of sexual violence also
constituting a serious violation of article 3 common to the four Geneva
Conventions;

(vii) Conscripting or enlisting
children under the age of fifteen years into armed forces or groups or
using them to participate actively in hostilities;

(viii) Ordering the displacement
of the civilian population for reasons related to the conflict, unless
the security of the civilians involved or imperative military reasons so
demand;

(ix) Killing or wounding treacherously
a combatant adversary;

(x) Declaring that no quarter
will be given;

(xi) Subjecting persons who are
in the power of another party to the conflict to physical mutilation or
to medical or scientific experiments of any kind which are neither justified
by the medical, dental or hospital treatment of the person concerned nor
carried out in his or her interest, and which cause death to or seriously
endanger the health of such person or persons;

(xii) Destroying or seizing the
property of an adversary unless such destruction or seizure be imperatively
demanded by the necessities of the conflict;

(f) Paragraph 2 (e) applies
to armed conflicts not of an international character and thus does not
apply to situations of internal disturbances and tensions, such as riots,
isolated and sporadic acts of violence or other acts of a similar nature.
It applies to armed conflicts that take place in the territory of a State
when there is protracted armed conflict between governmental authorities
and organized armed groups or between such groups.

3. Nothing
in paragraph 2 (c) and (e) shall affect the responsibility of a Government
to maintain or re-establish law and order in the State or to defend the
unity and territorial integrity of the State, by all legitimate means.

Article 9

Elements of Crimes

1. Elements
of Crimes shall assist the Court in the interpretation and application
of articles 6, 7 and 8. They shall be adopted by a two-thirds majority
of the members of the Assembly of States Parties.

2. Amendments
to the Elements of Crimes may be proposed by:

(a) Any State Party;

(b) The judges acting by an absolute
majority;

(c) The Prosecutor.

Such amendments shall be adopted by a two-thirds majority
of the members of the Assembly of States Parties.

3. The
Elements of Crimes and amendments thereto shall be consistent with this
Statute.

Article 10

Nothing in this Part shall be interpreted as limiting or prejudicing in
any way existing or developing rules of international law for purposes
other than this Statute.

Article 11

Jurisdiction ratione temporis

1. The
Court has jurisdiction only with respect to crimes committed after the
entry into force of this Statute.

2. If
a State becomes a Party to this Statute after its entry into force, the
Court may exercise its jurisdiction only with respect to crimes committed
after the entry into force of this Statute for that State, unless that
State has made a declaration under article 12, paragraph 3.

Article 12

Preconditions to the exercise of jurisdiction

1. A
State which becomes a Party to this Statute thereby accepts the jurisdiction
of the Court with respect to the crimes referred to in article 5.

2. In
the case of article 13, paragraph (a) or (c), the Court may exercise its
jurisdiction if one or more of the following States are Parties to this
Statute or have accepted the jurisdiction of the Court in accordance with
paragraph 3:

(a) The State on the territory
of which the conduct in question occurred or, if the crime was committed
on board a vessel or aircraft, the State of registration of that vessel
or aircraft;

(b) The State of which the person
accused of the crime is a national.

3. If the
acceptance of a State which is not a Party to this Statute is required
under paragraph 2, that State may, by declaration lodged with the Registrar,
accept the exercise of jurisdiction by the Court with respect to the crime
in question. The accepting State shall cooperate with the Court without
any delay or exception in accordance with Part 9.

Article 13

Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred
to in article 5 in accordance with the provisions of this Statute if:

(a) A situation in which one
or more of such crimes appears to have been committed is referred to the
Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or
more of such crimes appears to have been committed is referred to the Prosecutor
by the Security Council acting under Chapter VII of the Charter of the
United Nations; or

(c) The Prosecutor has initiated
an investigation in respect of such a crime in accordance with article
15.

Article 14

Referral of a situation by a State Party

1. A
State Party may refer to the Prosecutor a situation in which one or more
crimes within the jurisdiction of the Court appear to have been committed
requesting the Prosecutor to investigate the situation for the purpose
of determining whether one or more specific persons should be charged with
the commission of such crimes.

2. As
far as possible, a referral shall specify the relevant circumstances and
be accompanied by such supporting documentation as is available to the
State referring the situation.

Article 15

Prosecutor

1. The
Prosecutor may initiate investigations proprio motu on the basis
of information on crimes within the jurisdiction of the Court.

2. The
Prosecutor shall analyse the seriousness of the information received. For
this purpose, he or she may seek additional information from States, organs
of the United Nations, intergovernmental or non-governmental organizations,
or other reliable sources that he or she deems appropriate, and may receive
written or oral testimony at the seat of the Court.

3. If
the Prosecutor concludes that there is a reasonable basis to proceed with
an investigation, he or she shall submit to the Pre-Trial Chamber a request
for authorization of an investigation, together with any supporting material
collected. Victims may make representations to the Pre-Trial Chamber, in
accordance with the Rules of Procedure and Evidence.

4. If
the Pre-Trial Chamber, upon examination of the request and the supporting
material, considers that there is a reasonable basis to proceed with an
investigation, and that the case appears to fall within the jurisdiction
of the Court, it shall authorize the commencement of the investigation,
without prejudice to subsequent determinations by the Court with regard
to the jurisdiction and admissibility of a case.

5. The
refusal of the Pre-Trial Chamber to authorize the investigation shall not
preclude the presentation of a subsequent request by the Prosecutor based
on new facts or evidence regarding the same situation.

6. If,
after the preliminary examination referred to in paragraphs 1 and 2, the
Prosecutor concludes that the information provided does not constitute
a reasonable basis for an investigation, he or she shall inform those who
provided the information. This shall not preclude the Prosecutor from considering
further information submitted to him or her regarding the same situation
in the light of new facts or evidence.

Article 16

Deferral of investigation or prosecution

No investigation or prosecution may be commenced or proceeded with under
this Statute for a period of 12 months after the Security Council, in a
resolution adopted under Chapter VII of the Charter of the United Nations,
has requested the Court to that effect; that request may be renewed by
the Council under the same conditions.

Article 17

Issues of admissibility

1. Having
regard to paragraph 10 of the Preamble and article 1, the Court shall determine
that a case is inadmissible where:

(a) The case is being investigated
or prosecuted by a State which has jurisdiction over it, unless the State
is unwilling or unable genuinely to carry out the investigation or prosecution;

(b) The case has been investigated
by a State which has jurisdiction over it and the State has decided not
to prosecute the person concerned, unless the decision resulted from the
unwillingness or inability of the State genuinely to prosecute;

(c) The person concerned has already
been tried for conduct which is the subject of the complaint, and a trial
by the Court is not permitted under article 20, paragraph 3;

(d) The case is not of sufficient
gravity to justify further action by the Court.

2. In order
to determine unwillingness in a particular case, the Court shall consider,
having regard to the principles of due process recognized by international
law, whether one or more of the following exist, as applicable:

(a) The proceedings were or are
being undertaken or the national decision was made for the purpose of shielding
the person concerned from criminal responsibility for crimes within the
jurisdiction of the Court referred to in article 5;

(b) There has been an unjustified
delay in the proceedings which in the circumstances is inconsistent with
an intent to bring the person concerned to justice;

(c) The proceedings were not or
are not being conducted independently or impartially, and they were or
are being conducted in a manner which, in the circumstances, is inconsistent
with an intent to bring the person concerned to justice.

3. In order
to determine inability in a particular case, the Court shall consider whether,
due to a total or substantial collapse or unavailability of its national
judicial system, the State is unable to obtain the accused or the necessary
evidence and testimony or otherwise unable to carry out its proceedings.

Article 18

Preliminary rulings regarding admissibility

1. When
a situation has been referred to the Court pursuant to article 13 (a) and
the Prosecutor has determined that there would be a reasonable basis to
commence an investigation, or the Prosecutor initiates an investigation
pursuant to articles 13 (c) and 15, the Prosecutor shall notify all States
Parties and those States which, taking into account the information available,
would normally exercise jurisdiction over the crimes concerned. The Prosecutor
may notify such States on a confidential basis and, where the Prosecutor
believes it necessary to protect persons, prevent destruction of evidence
or prevent the absconding of persons, may limit the scope of the information
provided to States.

2. Within
one month of receipt of that notification, a State may inform the Court
that it is investigating or has investigated its nationals or others within
its jurisdiction with respect to criminal acts which may constitute crimes
referred to in article 5 and which relate to the information provided in
the notification to States. At the request of that State, the Prosecutor
shall defer to the State's investigation of those persons unless the Pre-Trial
Chamber, on the application of the Prosecutor, decides to authorize the
investigation.

3. The
Prosecutor's deferral to a State's investigation shall be open to review
by the Prosecutor six months after the date of deferral or at any time
when there has been a significant change of circumstances based on the
State's unwillingness or inability genuinely to carry out the investigation.

4. The
State concerned or the Prosecutor may appeal to the Appeals Chamber against
a ruling of the Pre-Trial Chamber, in accordance with article 82. The appeal
may be heard on an expedited basis.

5. When
the Prosecutor has deferred an investigation in accordance with paragraph
2, the Prosecutor may request that the State concerned periodically inform
the Prosecutor of the progress of its investigations and any subsequent
prosecutions. States Parties shall respond to such requests without undue
delay.

6. Pending
a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has
deferred an investigation under this article, the Prosecutor may, on an
exceptional basis, seek authority from the Pre-Trial Chamber to pursue
necessary investigative steps for the purpose of preserving evidence where
there is a unique opportunity to obtain important evidence or there is
a significant risk that such evidence may not be subsequently available.

7. A
State which has challenged a ruling of the Pre-Trial Chamber under this
article may challenge the admissibility of a case under article 19 on the
grounds of additional significant facts or significant change of circumstances.

Article 19

Challenges to the jurisdiction of the Court

or the admissibility of a case

1. The
Court shall satisfy itself that it has jurisdiction in any case brought
before it. The Court may, on its own motion, determine the admissibility
of a case in accordance with article 17.

2. Challenges
to the admissibility of a case on the grounds referred to in article 17
or challenges to the jurisdiction of the Court may be made by:

(a) An accused or a person for whom
a warrant of arrest or a summons to appear has been issued under article
58;

(b) A State which has jurisdiction
over a case, on the ground that it is investigating or prosecuting the
case or has investigated or prosecuted; or

(c) A State from which acceptance
of jurisdiction is required under article 12.

3. The Prosecutor
may seek a ruling from the Court regarding a question of jurisdiction or
admissibility. In proceedings with respect to jurisdiction or admissibility,
those who have referred the situation under article 13, as well as victims,
may also submit observations to the Court.

4. The
admissibility of a case or the jurisdiction of the Court may be challenged
only once by any person or State referred to in paragraph 2. The challenge
shall take place prior to or at the commencement of the trial. In exceptional
circumstances, the Court may grant leave for a challenge to be brought
more than once or at a time later than the commencement of the trial. Challenges
to the admissibility of a case, at the commencement of a trial, or subsequently
with the leave of the Court, may be based only on article 17, paragraph
1 (c).

5. A
State referred to in paragraph 2 (b) and (c) shall make a challenge at
the earliest opportunity.

6. Prior
to the confirmation of the charges, challenges to the admissibility of
a case or challenges to the jurisdiction of the Court shall be referred
to the Pre-Trial Chamber. After confirmation of the charges, they shall
be referred to the Trial Chamber. Decisions with respect to jurisdiction
or admissibility may be appealed to the Appeals Chamber in accordance with
article 82.

7. If
a challenge is made by a State referred to in paragraph 2 (b) or (c), the
Prosecutor shall suspend the investigation until such time as the Court
makes a determination in accordance with article 17.

8. Pending
a ruling by the Court, the Prosecutor may seek authority from the Court:

(a) To pursue necessary investigative
steps of the kind referred to in article 18, paragraph 6;

(b) To take a statement or testimony
from a witness or complete the collection and examination of evidence which
had begun prior to the making of the challenge; and

(c) In cooperation with the relevant
States, to prevent the absconding of persons in respect of whom the Prosecutor
has already requested a warrant of arrest under article 58.

9. The making
of a challenge shall not affect the validity of any act performed by the
Prosecutor or any order or warrant issued by the Court prior to the making
of the challenge.

10. If
the Court has decided that a case is inadmissible under article 17, the
Prosecutor may submit a request for a review of the decision when he or
she is fully satisfied that new facts have arisen which negate the basis
on which the case had previously been found inadmissible under article
17.

11. If
the Prosecutor, having regard to the matters referred to in article 17,
defers an investigation, the Prosecutor may request that the relevant State
make available to the Prosecutor information on the proceedings. That information
shall, at the request of the State concerned, be confidential. If the Prosecutor
thereafter decides to proceed with an investigation, he or she shall notify
the State to which deferral of the proceedings has taken place.

Article 20

Ne bis in idem

1. Except
as provided in this Statute, no person shall be tried before the Court
with respect to conduct which formed the basis of crimes for which the
person has been convicted or acquitted by the Court.

2. No
person shall be tried by another court for a crime referred to in article
5 for which that person has already been convicted or acquitted by the
Court.

3. No
person who has been tried by another court for conduct also proscribed
under article 6, 7 or 8 shall be tried by the Court with respect to the
same conduct unless the proceedings in the other court:

(a) Were for the purpose of shielding
the person concerned from criminal responsibility for crimes within the
jurisdiction of the Court; or

(b) Otherwise were not conducted
independently or impartially in accordance with the norms of due process
recognized by international law and were conducted in a manner which, in
the circumstances, was inconsistent with an intent to bring the person
concerned to justice.

Article 21

Applicable law

1. The
Court shall apply:

(a) In the first place, this
Statute, Elements of Crimes and its Rules of Procedure and Evidence;

(b) In the second place, where
appropriate, applicable treaties and the principles and rules of international
law, including the established principles of the international law of armed
conflict;

(c) Failing that, general principles
of law derived by the Court from national laws of legal systems of the
world including, as appropriate, the national laws of States that would
normally exercise jurisdiction over the crime, provided that those principles
are not inconsistent with this Statute and with international law and internationally
recognized norms and standards.

2. The Court
may apply principles and rules of law as interpreted in its previous decisions.

3. The
application and interpretation of law pursuant to this article must be
consistent with internationally recognized human rights, and be without
any adverse distinction founded on grounds such as gender as defined in
article 7, paragraph 3, age, race, colour, language, religion or belief,
political or other opinion, national, ethnic or social origin, wealth,
birth or other status.